Council Tax - Bailiffs/disabled Car Taxation

[RaeUK]

Hi regular guy,

The simple answer is 'no'. They can't.

Is the car a motability car or on HP? Both a no as the vehicle does not belong to you.

Does your Mother live with you? Just curious...

Best wishes

Rae

[RaeUK]

No worries, RG, I understand the tax disc system. The council would frown upon such a vehicle being levied against and the bailiff will know this.

In order to see if there are other issues that may assist you regarding the bailiff there are other questions people will ask. It might be that - if a levy has been made it is invalid. Or if you have been notified of fees, they may be incorrect. So any additional info you can provide would be of use and - hopefully - in your interest.

Like if your Mother resides with you...

Best wishes

Rae

[RaeUK]

Hi RG,

I can't comment on the legality, others might in due course. [Don't forget there's an election on tonight...]. However, you will find that the council will be very unhappy if a disabled person has been deprived of their means of transport. From what I have read in the past I suspect that the levy would be invalid due to the disabled taxation. Again, others will correct that statement in due course.

If that is the case, you have good grounds to make a Formal Complaint to the CEO of the appropriate council.

Please note that some of what you may have been charged in fees may be incorrect and you can make a claim for a refund.

But, again, there is insufficient detail to advise further. That said, you may only be interested in the legitimacy of the levy and not as to whether the case can be removed from the bailiffs if arrears are still outstanding...

Best wishes

Rae

[RaeUK]

Hi RG,

I'm sure someone might post a template shortly.

If you were on income related JSA at the time this was going on then you would have been classed as vulnerable under the National Standards for Enforcement Agents. The case would then be returned to the council for attachment of benefits at a rate of about £3.50pw. Likewise if your Mother lived with you the household would have been classed as vulnerable - hence my queries...

Best wishes

Rae

[RaeUK]

Hi RG,

I can only advise what I would do in your circumstances.

This is what the National Standards for Enforcement Agents has to say about who might be vulnerable:

 

Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

 

Those who might be considered vulnerable include the following:

the elderly;

people with a disability;

the seriously ill;

the recently bereaved;

single parent families;

pregnant women;

unemployed people; and,

those who have obvious difficulty in understanding, speaking or reading English.

 

 

This is presuming your Mother lives with you. The Standards apply to the household not just the debtor. It also presumes you are on income related JSA not contribution based as the latter doesn't indicate a low income necessarily.

 

On the brief information you have posted I would want to write a Formal Complaint to the CEO of the local council. The council are in charge of the bailiffs who are simply contractors.

 

It sounds like you were mislead by both the council and the bailiff company. Both are fully aware of the Standards and simply hope you're not.

 

Do click on the link to the Standards and have a read through. You may find other area's where the bailiff has transgressed them.

 

As you have paid everything then take your time considering your next move. You have time on your side. I'll dig out a template for requesting a fee breakdown from the bailiff. You may be able to get some over charging back.

 

Best wishes

Rae

[RaeUK]

Here you go [with thanks to Ploddertom]:

 

"From:

My Name

My Address

 

To:

Acme Bailiff Co

Bailiff House

 

Ref: Account No: 123456

 

Dear Sir

 

With reference to the above account. Can you please provide me with a breakdown of the charges including Computer Screenshot.

 

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were Cerificated at.

e - the date of the Certification.

 

This is not a Subject access request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

 

I require this information within 14 days.

 

Yours faithfully

 

Ripped off customer"

 

 

Ironically, RG, it was in the thread you first posted on!

[RaeUK]

... They came with 2 vans and blocked my car in... they threatened me with clamping the car and adding more charges. I paid up ...

 

Tut tut! Mr Bailiff!

Very threatening, very unprofessional. That alone deserves a strong Formal Complaint to the CEO when the time comes.

Happy to draft a letter if needs be. Just holler...

Best wishes

Rae

[RaeUK]

I am increasing my knowledge on this topic by reading forums, and hope say I should be able to offer good advice of mine own on a later date.

 

That's the glory of CAG and how must of us got lured in ...

Best wishes

Rae